La inoperancia de la justicia colombiana para judicializar a los menores infractores

Abstract

In this enay, an analysis was made regarding the effective judicialization that should be done to children and adolescents when they have committed an offense classified in the penal law and other specific laus, parallel with the constitutional mandate invoking the protection to the children and adolescents, the conventions and norms that were created to protect them, prevailing even over the victims caused by them, when taken to a specific fact, the criminal justice system does not have a strong judicial system to execute with sanctioning results the adolescent offender . With the dilemma between protecting or prosecuting the minor victim or offender of society, the state and the family. Bearing in mind that any of the scenarios throws consequences; Prolonged deprivation of liberty and from a young age, involving a different kind of socialization in the case that the individual entering in the system y and loses his usual environment of family which teads to aggravate his social uprooting. And from the inoperancia to penalize punishable facts; the injustice to the victims as well as the infringing subjects from the mental incapacity with scarce of an adequate treatment with a pedagogical approach that would allow the judicial systems to make suitable operatives for the social recovery of the delinquent adolescents.